(1) Establishing and maintaining safe and secure schools is
critical to fostering a healthy learning environment and maximizing
student achievement;

(2) All school facilities in the state should be designed,
constructed, furnished and maintained in a manner that enhances a
healthy learning environment and provides necessary safeguards for
the health, safety and security of persons who enter and use the
facilities;

(3) Adequate safeguards for the ingress to and egress from
school facilities of pupils, school employees, parents, visitors
and emergency personnel are critical to the overall safety of the
public schools in this state;

(4) Safety upgrades to the means of ingress to and egress from
school facilities for pupils, school employees, parents, visitors
and emergency personnel must be part of a comprehensive analysis of
overall school safety issues that takes into consideration the
input of local law-enforcement agencies, local emergency services
agencies, community leaders, parents, pupils, teachers,
administrators and other school employees interested in the
prevention of school crime and violence;

(5) In order to help ensure safety in all schools within the
state and to be prepared to adequately respond to potential crises,
including any traumatic event or emergency condition that creates distress, hardship, fear or grief, each school must have an up-to-
date comprehensive crisis response plan as detailed in section nine
of this article.

(b) It is the intent of the Legislature to empower the School
Building Authority to facilitate and provide state funds for the
design, construction, renovation, repair and upgrading of
facilities so as to enhance school access safety and provide secure
ingress to and egress from school facilities to pupils, school
employees, parents, visitors and emergency personnel.

WVC 18 - 9 F- 2
§18-9F-2. Definitions.
As used in this article, these terms have the meanings
ascribed unless the context clearly indicates a different meaning:

(1) "Authority" means the School Building Authority of West
Virginia;

(2) "Department of Education" means the West Virginia
Department of Education;

(3) "New school building" means any public school in the state
for educating students in any of grades kindergarten through
twelve, for which design and construction begin after the first day
of July, two thousand seven;

(4) "Project cost" means the cost of:

(A) Evaluating a school facility to ascertain its safety
needs;

(B) Determining appropriate measures to address safety needs;

(C) Developing a safety plan;

(D) Administering a safety project;

(E) The design, construction, renovation, repair and safety
upgrading of a school's means of ingress and egress;

(F) Equipment, machinery, installation of utilities and other
similar items necessary to making the project operational;

(G) Effectively maintaining structural and equipment
investments made pursuant to this article, including, but not
limited to, such provisions as maintenance contracts on security
equipment and video surveillance services; and

(H) All other charges necessary, appurtenant or incidental to
the provisions of this subdivision, including the cost of
administering this article;

(5) "School Access Safety Fund" means the special account
established in section five of this article;

(A) Is prepared by each county board seeking funding under
this article and incorporated into its comprehensive educational
facilities plan in accordance with guidelines established by the
authority;

(B) Addresses the access safety needs for all school
facilities in the county;

(C) Includes a projected school access safety repair and
renovation schedule for all school facilities of the county; and

(D) Is required prior to the disbursement of state funds for
a school access safety project pursuant to this article; and

(7) "School access safety project" or "safety project" means
a project administered in furtherance of a school access safety
plan pursuant to the provisions of this article.

WVC 18 - 9 F- 3
§18-9F-3. School access safety plan.
(a) To facilitate the goals of this article and to ensure the
prudent and resourceful expenditure of state funds, each county
board seeking funds for school access safety projects during a
fiscal year shall submit to the authority a school access safety
plan or annual plan update that addresses the school access safety
needs of each school facility in the county. In developing its
plan, the county board shall consult with the Countywide Council on
Productive and Safe Schools in accordance with the provisions of
this section and section forty-two, article five of this chapter.

(b) The safety plan shall include at least the following:

(1) A countywide inventory of each school facility's means of
ingress to and egress from the school for students, school
employees, parents, visitors and emergency personnel including, but
not limited to:

(A) The number of controlled points of ingress to the school
facility;

(B) The number and placement of exterior doors;

(C) The use of monitoring systems on exterior doors;

(D) The use of timed, magnetic or other locks on exterior
doors;

(E) The use of two-way communication systems between points of
ingress and school personnel;

(F) The use of functional panic or other alarm hardware on
exterior doors; and

(G) The use of remote visitor access systems on points of
ingress;

(2) The recommendations and guidelines developed by the
Countywide Council on Productive and Safe Schools pursuant to
section forty-two, article five of this chapter, together with the
county board's assessment of the recommendations and guidelines;

(3) Recommendations for effective communication and
coordination between school facilities, local law-enforcement
agencies and local emergency services agencies in the county;

(4) An assessment of the current status of crime committed on
school campuses and at school-related functions;

(5) A projected school access safety repair and renovation
schedule for all school facilities in the county;

(6) A prioritized list of all projects contained in the plan,
including the projected cost of each project;

(7) A description of how:

(A) The plan addresses the goals of this article and
guidelines established by the authority;

(B) Each project furthers the county board's safety plan,
facilities plan and school major improvement plan;

(8) Notation of the funds available for allocation and
disbursement to the county board pursuant to section six of this
article;

(9) A description of any source of local funds that the county
board intends to contribute to the safety projects, or an approved financial hardship waiver, to satisfy the local contribution
requirements of section six of this article; and

(10) Any other element considered appropriate by the authority
or required by the guidelines established pursuant to section three
of this article, including any project and maintenance
specification.

WVC 18 - 9 F- 4
§18-9F-4. Guidelines and procedures for school access safety
plans; project evaluation; on-site inspection of
facilities.
(a) By the first day of June, two thousand seven, the
authority shall establish and distribute to each county board
guidelines and procedures regarding school access safety plans and
school access safety projects, which shall address at least the
following:

(1) All of the necessary elements of the school access safety
plan required in accordance with the provisions of section three of
this article;

(2) The manner, time line and process for submission to the
authority of each safety plan and annual plan update, including
guidelines for modification of an approved safety plan;

(3) Any project and maintenance specifications considered
appropriate by the authority;

(4) Procedures for a county board to submit a preliminary
plan, plan outline or plan proposal to the authority prior to
submitting the safety plan. The preliminary plan, plan outline or
plan proposal shall be the basis for a consultation meeting between
representatives of the county board and the authority. The meeting
shall be held as soon as practicable following submission in order
to:

(A) Ensure understanding of the goals of this article;

(B) Discuss ways the plan may be structured to meet the goals of this article; and

(C) Ensure efficiency and productivity in the approval
process; and

(5) Procedures for notifying county boards of the funds
available for allocation and disbursement during each fiscal year
pursuant to section six of this article.

(b) By the first day of June, two thousand seven, the
authority shall establish and distribute to each county board
guidelines and procedures for evaluating safety plans and safety
projects that address at least the following:

(1) Whether the proposed safety project furthers the safety
plan and complies with the guidelines established by the authority;

(2) How the safety plan and safety project will ensure the
prudent and resourceful expenditure of state funds and achieve the
purposes of this article;

(5) Consideration of the prioritized list of projects required
by section three of this article.

(c) The authority shall establish guidelines and procedures
for allocating and disbursing funds in accordance with section six
of this article, subject to the availability of funds.

(d) Each county board receiving funds pursuant to this article
annually shall conduct an on-site inspection and submit an audit
review to the state board. The inspection shall be conducted in
accordance with the provisions of the Department of Education's
Handbook on Planning School Facilities.

WVC 18 - 9 F- 5
§18-9F-5. School Access Safety Fund.
(a) There is hereby established in the State Treasury a
special account designated the School Access Safety Fund.

(b) All funds accruing to the authority pursuant to the
provisions of this article shall be deposited into the fund and
expended in accordance with provisions of this article.

(c) Any funds remaining in the account at the end of a fiscal
year, including accrued interest, do not revert to the General
Revenue Fund, but remain in the account.

(d) The authority may transfer moneys from the fund to
custodial accounts maintained by the authority with a state
financial institution, as necessary to the performance of any
contracts executed by the authority in accordance with the
provisions of this article.

WVC 18 - 9 F- 6
§18-9F-6. Allocation of funds; eligibility for funding.
(a) On or before the first day of May of each year, the
authority shall determine the amount of funds available in the
School Access Safety Fund for allocation and disbursement during
that fiscal year.

(b) The authority shall divide the amount of funds available
pursuant to subsection (a) of this section by the total net
enrollment in public schools for the state as a whole. That
quotient is the per pupil amount. The authority shall allocate to
each county board the per pupil amount of funds for each student in
net enrollment of that county, as defined in section two, article
nine-a of this chapter.

(c) The authority shall notify in writing each county board of
education the amount of funds available to that board as soon as
practicable upon determining that amount pursuant to subsection (b)
of this section.

(d) Except as provided in subdivision (3) of this subsection,
to be eligible to receive a disbursement of funds pursuant to this
article, a county board shall contribute local funds derived from
bonding, special levy or other identified sources to the school
access safety projects contained in the county board's school
access safety plan.

(1) The amount of a county board's contribution shall equal at
least fifteen percent of the funds available to the county board
pursuant to subsection (b) of this section.

(2) A county board may submit a financial hardship waiver
request to the state board for consideration regarding the county
board's inability to provide the contribution required by this
subsection. Upon review and approval of the request by the state
board, the authority shall waive the contribution requirement for
that county board and allocate and disburse funds pursuant to this
article.

(e) The authority may disburse funds pursuant to this section
only to a county board that:

(1) Has a safety plan that has been approved by the authority;
and

(2) Is prepared to commence expending the funds during the
fiscal year in which the funds are disbursed.

(f) The authority may disburse funds to a county board in a
lump sum or according to a schedule of payments adopted by the
authority that is consistent with its guidelines.

(g) To encourage county boards to proceed promptly with school
access safety planning and to prepare for the expenditure of funds
derived pursuant to this article, a county board forfeits any funds
that it fails to expend within one year of disbursement by the
authority. The county board is ineligible for any additional
allocation or disbursement pursuant to this article until it is
prepared to expend funds according to an approved school access
safety plan.

(1) The authority may authorize an extension beyond the one-year forfeiture period not to exceed an additional six months.

(2) Any forfeited funds shall be returned to the School Access
Safety Fund and made available for future allocation and
disbursement.

WVC 18 - 9 F- 7
§18-9F-7. School access safety requirements for new schools.
(a) Notwithstanding any other provision of this code to the
contrary, and in an effort to enhance school access safety, the
design and construction of any new school building receiving funds
from the authority shall comply with the school access safety
standards established by the authority. Any new school building
that does not comply with the school access safety standards may
not receive any funds from the authority pursuant to this article.

(b) The authority shall propose a rule for legislative
approval in accordance with the provisions of article three-a,
chapter twenty-nine-a of this code that establishes standards for
school access safety in public school buildings. The rule shall
require for any project that will receive funding pursuant to this
article that the county board shall submit any new school design to
the authority for review and approval for compliance with this
section prior to preparing final bid documents.

WVC 18 - 9 F- 8
§18-9F-8. Report.
The authority shall report to the Legislative Oversight
Commission on Education Accountability during the June and
September, two thousand seven, and January, two thousand eight,
interim meeting periods regarding implementation of the provisions
of this article.

WVC 18 - 9 F- 9
§18-9F-9. Crisis Response Plan.

(a) The state board in conjunction with the Division of
Homeland Security and Emergency Management shall promulgate by
December 31, 2011, a legislative rule in accordance with article
three-b, chapter twenty-nine-a of this code, and if necessary may
promulgate an emergency rule in accordance with said article, for
the establishment of an up-to-date, school specific crisis response
plan at every school in the state. In developing the rule, the
state board shall consider plans currently being developed as part
of the safe schools initiative currently underway by the School
Building Authority and the Division of Homeland Security and
Emergency Management. In addition, those portions of a school's
access safety plan created pursuant to section three of this
article may be used as a portion of the school's school specific
crisis response plan if there are any overlapping requirements.
The rule shall provide for at least the following:

(1) A model school crisis response plan for use by each school
in the state, including a uniform template which shall be used by
each school to file the plan, including at least the following
information, in a secure electronic system identified by the
Division of Homeland Security and Emergency Management:

(A) The school employee in charge during a crisis and a
designated substitute;

(B) A communication plan to be used during a crisis;

(C) Protocols for responding to immediate physical harm of
students, faculty or staff and to traumatic events, including the
period after the events have concluded;

(D) Disaster and emergency procedures to respond to
earthquakes, fire, flood, other natural disasters, explosions or
other events or conditions in which death or serious injury is
likely;

(E) Crisis procedures for safe entrance to and exit from the
school by students, parents, and employees, including an evacuation
and lock down plan; and

(F) Policies and procedures for enforcing school discipline
and maintaining a safe and orderly environment during the crisis.

(2) A requirement that each school's school specific crisis
response plan shall be in place and filed with that school's county
board, and included in a secure electronic system identified by the
Division of Homeland Security and Emergency Management, no later
than August 1, 2013, or soon after completion by the school,
whichever occurs first;

(3) The necessary safeguards to protect information contained
in each school specific crisis response plan that may be considered
protected critical infrastructure information, law enforcement
sensitive information or for official use only. These safeguards
must have the approval the Division of Homeland Security and
Emergency Management. County boards shall provide the same
necessary safeguards for the information in the plan;

(4) The annual review and necessary update of the model plan
and uniform template by state board in conjunction with the
Division of Homeland Security and Emergency Management by December
31 of each year after 2011;

(5) The development by each school of a school specific crisis response plan by using the state board's model plan as an example
and with consultation from local social services agencies, local
first response agencies including police, fire, emergency medical
services (EMS), emergency management and any other local entities
that the school's crisis response planning team determines should
be consulted;

(6) Procedures for the annual review and update if necessary
by each school of its school specific crisis response planning
plan. Each school shall file either an updated crisis response
plan or a memorandum stating that no update to the crisis response
plan was necessary with its county board and the Division of
Homeland Security and Emergency Management no later than August 1
of each year after 2013.

(7) Procedures for each school within the state to form a
crisis response planning team, which team may consist of the
school's Local School Improvement Council or a separate team
consisting of the principal, two teachers, one service person and
two parents of children attending the school. In addition the
school may include on the team one member of the county board, a
school counselor, a member from local law-enforcement authorities,
the local county emergency services director and one student in
grade ten or higher if the school has those grades;

(8) Procedures for informing and training school personnel on
any actions required of them to effectuate the school's school
specific crisis response plan;

(9) A model template for redacted copies of the school crisis
response plan for the public inspection and for the release and notice to parents of information related to the plan; and

(10) Procedures for non public schools to establish, file and
update school crisis response plans consistent with subdivision (1)
subsection (a) of this section.

(b) The county board shall keep the current crisis response
plan of each school in the county on file and, unless otherwise
provided for, provide a copy of each school's crisis response plan
to each local emergency response agency that has a role in the
plan. Local emergency response agencies that maintain a copy of
the plan shall provide the necessary safeguards for the information
in the plan established pursuant to the state board rule
promulgated pursuant to subsection (a) of this section. Upon
request, a redacted copy of a school crisis response plan shall be
made available for inspection by the public with any information
removed that is necessary for compliance with the necessary
safeguards. Following the filing of its school specific crisis
response plan with the county board pursuant to subdivision (2),
subsection (a) of this section, each school shall annually send
notice home to all parents and guardians of students at the school
alerting the parents and guardians to the existence of the plan and
the ability to review a redacted copy at the offices of the county
board.
Note: WV Code updated with legislation passed through the 2014 1st Special Session
The WV Code Online is an unofficial copy of the annotated WV Code, provided as a convenience. It has NOT been edited for publication, and is not in any way official or authoritative.